The Veteran's cervical strain disability is rated at 10 percent prior to March 14, 2018 and at 20 percent from March 14, 2018 until December 15, 2021. Beginning December 15, 2021, the Veteran's cervical strain disability is rated at 30 percent.,The Veteran's right upper extremity radiculopathy associated with cervical strain and degenerative arthritis is currently rated at 20 percent.,The Veteran's tinnitus is rated at 10 percent.,Entitlement to higher ratings for the Veteran's service-connected conditions has been denied.
The deciding factor: The evidence does not show that the Veteran experienced incapacitating episodes requiring bedrest during the relevant appeal period, and thus a rating under the General Rating Formula for Diseases and Injuries of the Spine is appropriate. The Veteran's cervical strain disability was rated at 10 percent prior to March 14, 2018 and at 20 percent from March 14, 2018 until December 15, 2021. Beginning December 15, 2021, the Veteran's cervical strain disability is rated at 30 percent.,The Veteran's right upper extremity radiculopathy associated with cervical strain and degenerative arthritis is currently rated at 20 percent.,The Veteran's tinnitus is rated at 10 percent under Diagnostic Code 6260, which provides a single maximum rating for tinnitus regardless of its severity or frequency. The Veteran has not demonstrated that the rating criteria are inadequate to describe his disability picture.,There is no indication in the VA treatment records, Veteran's statements, or any other documented evidence that an earlier effective date for the 20 percent rating for right upper extremity radiculopathy is warranted.
- Claimed conditions
- Cervical strain, Right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23001002
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23001002.
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Related decisions
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- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Granted
The Veteran's service-connected disabilities have been found to be sufficient for a TDIU effective from November 19, 2020. Effective February 27, 2024, the Veteran has already received a 100% rating for PTSD and SMC based on housebound status. The earlier effective dates requested for various service-connected conditions have been granted.
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